Building and Construction Law Roundup
Don’t miss your opportunity to catch the latest updates across the most important areas of construction law. Leave with an inventory of practical insights, skills, and strategies across VCAT, construction arbitration, security of payment, limitation of liability clauses and obtain an expert guide to using witnesses. Ready yourself and your practice for another year of potential disruption, increased costs, and distressed projects. 233V23
Description
Attend and earn 4 CPD units including:
3.5 units in Substantive Law
0.5 units in Professional Skills
This program is based on VIC legislation
Chair: Albert Monichino KC, List A Barristers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Security of Payment Update
Receive a summary of the main Security of Payment Act decisions that have been handed down in the last year and walk away with practical takeaways to apply in your practice.
Presented by Harriet Warlow-Shill, Founder and Principal, Warlows Legal
9.50am to 10.35am Construction Arbitration Update
- Trends in construction disputes in the post-pandemic environment:
- Supply chain
- Personnel shortages
- Increased insolvency
- Inflation pressures
- Update regarding enforceability of arbitration clauses in multi-tiered and 'linked claim' arbitration clauses in infrastructure project agreements such as the WestConnex Link Tunnels Project (WCX M4-M5 Link AT Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd (No 2) [2022] NSWSC 505).
Presented by Josh Marchant, Partner, Thomson Geer
10.35am to 10.50am Morning Tea
10.50am to 11.35am VCAT Update
- Current trends and issues in domestic building disputes in VCAT
- Cladding:
- Current state of play in Australia
- Where to from here?
- Emerging trends in multi-party litigation
- The future providing "fair, affordable justice" justice for building litigants
Presented by Kerry Ioulianou, Special Counsel, and Samuel Woff, Special Counsel, Lander & Rogers
11.35am to 12.20pm Limitation of Liability in Contracting
Join an experienced practitioner and benefit from a practical session exploring the following:
- Exclusions
- Limitations
- Carve outs
- Consequential Loss
- Current case law
- How limitations fit with other contractual obligations, and how they are seen in case law
Presented by Sean McCarthy, Senior Legal Counsel, Warringtonfire
Professional Skills
12.20pm to 1.05pm Using Experts in Construction Matters
Consider best practice and examine the following:
- The need for an expert in construction disputes
- Construction Mediations and the timing and cost benefits
- Is a defect a defect or simply the results of an argument?
- The dirty expert
- Report style, content and drafting
- Hot tubbing and life in the box seat
Presented by Aaron Kyle, Principal, Quest Associates
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Albert Monichino KC
Albert Monichino KC practices as a barrister, arbitrator and mediator. Appointed senior counsel in 2010 he has over 30 years of experience in commercial dispute resolution. He is a past President of the Australian branch of the Chartered Institute of Arbitrators (‘CIArb’), a Chartered Arbitrator, and is accredited as an advanced mediator. He has consistently been listed by Doyle’s Guide between 2017 and 2022 as one of Australia’s leading arbitration barristers. Albert has acted as arbitrator or as counsel under various arbitration rules in wide-ranging commercial disputes throughout the Asia-Pacific region, including construction, engineering and infrastructure disputes. He has lectured and/or tutored in the CIArb Diploma Course in International Commercial Arbitration since its inception in 2016. In 2016 he was the Co-Course Director of the inaugural CIArb Asia-Pacific Diploma Course held in Singapore. Albert is the lead lecturer of the subject “Arbitration of International Commercial Disputes” offered by Monash University in June 2023 in its postgraduate law program. Albert also has a broad commercial litigation practice in the superior courts in Australia, including in the area of building and construction. He recently appeared for Amcor in a 45 day Supreme Court trial involving the remediation for asbestos contamination of the former Amcor paper mill site in Alphington, which Amcor sold to the developer, Glenville (judgment reserved)
Harriet Warlow-Shill
Harriet is Founder + Principal of an innovative firm with a focus on client service and legal excellence. Warlows Legal has been rapidly growing since being established on 1 March, 2021. Harriet has significant experience interacting with clients at senior management and board level as well as practicing in the areas of charities, construction, start-ups, and litigation. Harriet has worked on numerous Security of Payment Act matters for over 15 years. As a consequence of Harriet’s work, Harriet is well known to and respected by her clients, other lawyers and key regulators. Harriet’s expertise and reputation has made her a natural first stop for clients, some of whom she has worked with for more than a decade. Harriet is currently a member of the Law Institute of Victoria Building and Construction Working Group and the Law Institute of Victoria Human Rights Committee. Harriet is also Honorary Secretary of Australian Friends of Ariel University. Harriet is a member of the Society of Construction Lawyers Australia, the Building Disputes Practitioners Society, the Charity Lawyers of Australia and New Zealand and the Law Institute of Victoria. Harriet regularly presents on topics of construction law, charity law and start ups to members of the legal profession and the public.
Josh Marchant
Josh Marchant joined Thomson Geer in 2009. He has 20 years' experience as a construction and major projects lawyer, including three years with the projects team at Freshfields Bruckhaus Deringer LLP in London. He has extensive experience practicing in the area of construction and major projects. He has advised on a wide variety of infrastructure developments in the areas of transport, hospitals and schools, energy and utilities, residential and government. Josh regularly delivers papers and seminars in relevant areas including guest lecturing in both the Melbourne and Monash University construction law subjects. With many blue chip clients in the construction and infrastructure industry, Josh is committed to delivering real and commercial value in this highly complex and competitive sector.
Kerry Ioulianou
Kerry is a dual-qualified specialist construction and infrastructure lawyer, with a focus on construction and insurance disputes. His practice covers large scale, complex multi-party infrastructure and engineering disputes involving construction professionals across all jurisdictions in Australia. His practice extends to advice on a range of projects, such a community centres, high-rise mixed-use towers, hospitals, rail projects and windfarms. He has acted for architects, engineers, building surveyors, certifiers and fire engineers. In Australia, he has advised many construction industry participants at all levels on dispute resolution, negotiated settlements, adjudication, mediation, expert determinations, arbitration and court litigation. His many years of experience as an advocate means that he regularly appears as counsel in mediations, contested hearings in Courts and in arbitral tribunals. Prior to migrating to Australia, Kerry practiced as a barrister in South Africa from 2006.Kerry has been listed a rising star in Australian Construction and Infrastructure, 2020 and 2022 by Doyles Guide.
Samuel Woff
Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.
Sean McCarthy
Sean spent many years in the building and construction industry, and ow practices solely as a construction and fire engineering lawyer. Generally Sean’s work involves "front end" advice, negotiating, drafting and amending agreements to appropriately reflect the risk propensity of the parties to the contract. Prior to his role with Warringtonfire, he enjoyed stints with private practice, Government and in-house roles always assisting clients with legal advice within the context of achieving commercial objectives. In addition, Sean has completed a significant amount of training in negotiation, deploying those skills to assist in both early dispute resolution and contract negotiation. Outside of his role with Warringtonfire, Sean advises and assists others with contract and contract management training.
Aaron Kyle
Aaron is an admitted Lawyer having studied a combined Juris Doctor (Law) / Graduate Diploma in Legal Practice. Other qualifications include a Bachelor Construction Management (Hons), Graduate Diploma Mining Engineering and dual qualifications as a Licensed Builder / Building Practitioner in both Victoria and New South Wales. Aaron Kyle divides his time between working as an in-house consultant, Mediator and Expert Witness in construction disputes. Aaron is also the Founder of Build Hatch Pty Ltd. Build Hatch commenced life as a podcast interviewing and telling the real stories about professionals working in the building and construction industry. Build Hatch is also an online Marketplace and platform for small online businesses to sell their goods and products independently. Our purpose is to explore projects and sit down with the hard-working people involved and hear about the blood, sweat and tears - that is, the real stories behind the project and products. This concept has developed into the Build Hatch Engaged Construction Community.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court